June 8, 2024

A guardian in Indian law is an individual appointed to take care of a minor or a person incapable of managing their own affairs due to physical or mental incapacity. The legal framework for guardianship in India is primarily governed by the Guardians and Wards Act, 1890, the Hindu Minority and Guardianship Act, 1956, and the Muslim Personal Law (Shariat) Application Act, 1937. A guardian can be appointed by a court, typically when a minor’s parents are deceased or unable to care for the child, or through a will. The guardian is responsible for the welfare, education, health, and property management of the ward. Courts take into account the best interests of the child or incapacitated person when appointing a guardian, considering factors such as the prospective guardian’s relationship with the ward, their ability to provide care, and the ward’s wishes if they are capable of expressing them. Guardianship ensures that vulnerable individuals receive the necessary care and protection, upholding their rights and welfare through legal oversight and support.


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